Rethinking expropriation law / I, Public interest in expropriation / edited by Björn Hoops, Ernst Marais, Hanri Mostert, Jacques Sluysmans, Leon Verstappen

This book is the first of a series in which experts engage critically with identified aspects of expropriation law. The internationally diverse group of contributing authors offer valuable insight into the treatment of public purpose/interest related issues as they are canvassed in jurisdictions around the world. Some of these issues include: the public purpose/interest requirement and the definition of the object of expropriation \*\* the role of public purpose/interest in distinguishing between expropriation and regulation of property \*\* public interest and the classification of expropriatory actions as administrative, statutory, or constructive \*\* the categorizing of the notions of public interest and public purpose \*\* the justifiability of expropriation without compensation \*\* the consequences of a change in purpose after expropriation has been effected \*\* whether an expropriation can be challenged on the basis that less invasive means were available for the state to realize the specific purpose \*\* whether the public interest could legitimately entail transfer of expropriated property to a party other than the state. [Subject: Expropriation Law, Property Law, Comparative Law] This book is the first of a series in which experts engage critically with identified aspects of expropriation law. The internationally diverse group of contributing authors offer valuable insight into the treatment of public purpose/interest related issues as they are canvassed in jurisdictions around the world. Some of these include:the public purpose/interest requirement and the definition of the object of expropriation;the role of public purpose/interest in distinguishing between expropriation and regulation of property;public interest and the classification of expropriatory actions as administrative, statutory or constructive;categorising of the notions of public interest and public purpose;justifiability of expropriation without compensation;consequences of a change in purpose after expropriation has been effected;whether an expropriation can be challenged on the basis that less invasive means were available for the state to realise the specific purpose;whether the public interest could legitimately entail transfer of expropriated property to a party other than the state This book is the second of a series in which experts engage critically with the context, criteria and consequences of expropriation. This book contains contributions on the historical context of expropriation.